Jackson reserves court option until county deal finalized

JEFFERSON CITY, Mo. -- In the event a settlement ending a long legal fight between Jackson and Cape Girardeau County over the allocation of road tax revenue falls through, the city has asked the Missouri Supreme Court to decide the case.

On Feb. 3, the Jackson Board of Aldermen voted to accept the county's offer to spend $345,667 on road improvements within the city limits over the next five years to repay money a trial judge had ruled the city was entitled to under state law from 1999 to 2003.

On Feb. 14, Thomas Ludwig, the city's attorney, filed a motion to transfer the county's appeal of the ruling from the Missouri Court of Appeals Eastern District to the Supreme Court. With a deadline for seeking the high court's intervention looming, Ludwig said he filed the motion simply as a safeguard if for some reason the deal isn't finalized.

"It is our expectation this matter is settled," Ludwig said. "We don't expect any further litigation."

Cape Girardeau County Presiding Commissioner Gerald Jones said the parties still have an agreement, which will be executed once some minor details are resolved. Jones was unaware of the city's request to the Supreme Court.

Jackson sued county officials in 2002 claiming that under state law once the county achieved first-class legal status in 1997, it should have been allocating 25 percent of road taxes Jackson residents paid into the county road fund for projects within the city.

In the county's settlement offer, it agreed to repay back road revenue only to 1999, citing a five-year statute of limitations. Once restitution is made, the county will continue to regularly allocate a portion of its road fund for Jackson projects, Jones said.

mpowers@semissourian.com

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